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04.07.2017

The Key Benefits of a Health & Safety System to Your Business

Taking a systematic approach to managing health & safety within your organisation will positively benefit the management of the business and boost efficiency. From our experience, when clients take a consistent approach to health & safety within their workplace, they reap the benefits not only from a legal perspective but also from a cost-saving and efficiency perspective....

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04.07.2017

Fair Use of Audio and Photographic Data in Disciplinary Processes

The Data Commissioner released their annual report in April 2017. Interestingly, the report included a case study in relation to the legitimate use of audio recording and photographic data that was used during a disciplinary process which subsequently led to the dismissal of an employee working in a residential care home.   In summary, on two...

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04.07.2017

Case Study: High Court’s Ruling on Workplace Bullying Overturned

The case of Ruffley -v- The Board of Management St Anne’s School [2014] IEHC 235 is the first extended deliberation of the law in relation to bullying in the workplace. The claimant was awarded a substantial €255,276 in compensation after it was found that they had been subjected to workplace bullying. The respondent appealed the...

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03.07.2017

Question of the Month – How Are Unfair Dismissal Awards Calculated?

Under the Unfair Dismissal Act 1977 – 2015, the maximum compensation that a Tribunal can award is two years remuneration. The calculation of the award is based on the financial loss incurred by the claimant. Financial loss is defined under employment legislation as “any actual loss and any estimated prospective loss of income attributable to the...

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03.07.2017

Mediation – An Alternative Dispute Resolution

Alternative dispute resolution is a growing practice within Ireland. It is being used to resolve workplace disputes in particular. In many cases, mediation can be used as a first instance resolution and can be particularly successful for resolving grievances and bullying & harassment allegations.   The Mediation Bill 2017 is currently in legislative programme as priority...

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07.06.2017

What are Reasonable Accommodations for a Disabled Worker?

Over the last year or so, there have been several Workplace Relations Commission (WRC) and Labour Court decisions that dealt with claims taken under the Equality Act on the grounds of disability. The vast majority of these claims resulted in employees being awarded compensation for discrimination due to the employers’ failure to provide reasonable accommodations...

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07.06.2017

Case Study: Short Service Employee Successfully Claims Unfair Dismissal

  Overview of the case: The claimant was employed from 14th June 2014 until 5th February 2015 as a van/truck driver for a courier company. In December 2014, the claimant joined a trade union following advice received from a driving instructor. In January 2015, a new Transport Manager was hired. On the first occasion the...

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07.06.2017

Mandatory Retirement Ages

The Employment Equality (Abolition of Mandatory Retirement Age) Bill 2016 was recently before the Oireachtas Justice Committee. The bill proposes to abolish mandatory retirement ages in Ireland. In the private sector, there is no general statutory retirement age. Retirement ages are dependent on contractual agreements, with a lot of policies referencing 65 as the age...

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07.06.2017

Use of CCTV in the Workplace

In recent times, the use of CCTV (closed circuit television) technology in the workplace has increased considerably. Employers install CCTV technology for a variety of reasons, including security, health & safety, the protection business interests, assessing & improving productivity and ensuring compliance with legal and regulatory obligations.   As CCTV technology has improved to record...

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27.04.2017

Limits Applied to Annual Leave Claims Under Working Time Legislation

The Labour Court recently issued an interesting recommendation regarding annual leave for employees in Ireland. The case of Tapastreet Ltd -v- Joseph Mitchell was initially heard by an adjudication officer in the Workplace Relations Commissions in November 2015. Mr Mitchell claimed his former employer had breached the Working Time Act by not paying him outstanding...

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